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Minutes 09-06-05 MEETING MINUTES OF THE REGULAR CITY COMMISSION HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 6,2005 at 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof City Attorney Judith Pyle, Deputy City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Vice Mayor Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:32 p.m. Vice Mayor Mack McCray offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson. Mayor Taylor acknowledged and welcomed four Cub Scouts from St. Mark School that were present since they were working on their citizenship badges. Mayor Taylor requested that the Cub Scouts, along with their leaders stand up and be recognized. City Manager Bressner presented them with City logo pins. 1. First Budget Public Hearing for Fiscal Year 2005/06 Budget 2. Proposed Resolution No. R05-120 Re: Adopting the Proposed Millage Rate for Fiscal Year Millage Rate for fiscal year 2005/06 3. Proposed Resolution No. R05-138 Budget for fiscal year 2005/06 Re: Adopting the Tentative Mayor Taylor announced this was the first budget public hearing for fiscal year 2005/06. Mr. Bressner requested that Bill Mummert, Director of Financial Services, present an overview of the budget. Mr. Mummert would be addressing mainly the General Fund that is the main operating fund of the City. The General Fund is funded by ad valorem taxes. Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Expenditures: ~ Proposed expenditures for the General Fund are $62,422,843. ~ Compared to last year's expenses of a little over $56 million, an increase of $6,387,000 resulted for an 11.4% increase over the previous year's budget. Significant increases in the budget are attributable to new staffing. In the General Fund there are 29 additional positions and 4 positions that were deleted, resulting in a net increase of 25 positions. The positions are in three primary areas: ~ 10 Police Officers, 5 of which will be funded October 1, 2005; the remaining 5 will be funded beginning April 1 , 2005; ~ 13 Fire personnel comprised of 12 Firefighters and one assistant Fire Marshal; ~ 4 Building support and inspection personnel to deal with increased development and building in the City. Mr. Mummert pointed out that expenses for the firefighter positions were offset by an increase in inter-governmental revenues from Fire Rescue contracts with Hypoluxo, Ocean Ridge and the Village of Golf. The revenues have increased from $443,000 in 2003/04 to a projected $1.3 million for 2005/06. ~ A 5% increase for salaries is in the included in the General Fund budget for existing staff. ~ Health insurance costs will increase at 12.5%, which Mr. Mummert pointed out was decent considering the escalating costs for health insurance. ~ The City's mandatory pension contribution will increase by 21 % for Fire, Police and General Employees. ~ An increase of 4% to 5% has been provided for supplies and contract services in the new budget. Mr. Mummert will address the Community Redevelopment Agency (CRA) tax increment further in his presentation. This is revenue that the City receives and then must turn over to the CRA. This is treated as an expenditure for operating purposes. Revenue ~ Proposed revenue for 2005/06 is $61,033,804. ~ 2004/05 revenues were $54.4 million. ~ An increase of $6.6 million (12.2%) in revenues was realized. ~ $61,033,804, less expenditures of $62.4 million, resulted in a budgetary shortfall of approximately $1.4 million. ~ The City will use funds from the existing, unreserved fund balance in the amount of $9.7 million to fund the budgetary shortfall; ~ $6.2 million reserve fund balance will be maintained that was established by Commission policy several years ago. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Positive revenue highlights are: ~ Assessed values increased from $3.625 billion in fiscal year 2004/05 to $4.235 billion in 2005/06 for a 16.8% increase in assessed values. As a result, the City has been able to maintain and propose a millage rate of 7.5 mills, which is the current operating millage rate for 2004/05. Ad valorem tax revenues are projected on the assessed value and the 7.5 millage rate resulted in $31,763,425. This is an increase of almost $4.6 million over last fiscal year. Community Redevelopment Agency (CRA) The City has established a CRA District and is entitled to some of the monies reported. The CRA taxable value in 2004/05 was $340 million. It has increased now to $537 million for a 58% increase. Mr. Mummert pointed out this was attributable to the growth in the downtown area. ~ The tax increment due the CRA is $3.8 million for 2005/06, compared to $2.4 million last year. This results in an increase of approximately $1.4 million that is part of the City's expenditures. Other Funds Mr. Mummert reported there are no proposed rate increases for Utilities or Sanitation. However, the rates need to be reviewed in the future because reserves have been depleted during the past few years. The proposed millage rate for the City's general obligation debt service fund will decrease from .18 mills to .13 mills. This will bring the City's overall 2005/06 proposed millage rate from 7.68 mills to 7.63 mills for a slight decrease in the millage rate. Total of all funds for 2005/06 proposed expenditures for all City operating, debt service, and capital improvement funds total $173,413,425, of which a little over $50 million will be used for capital projects and $4.4 million for the fire assessment. These figures will be included in the second Resolution being presented tonight. Vice Mayor McCray recalled Mr. Mummert reported a shortfall of $1.4 million in expenses, and that $9.7 million would be taken from the City's unreserved fund balance. Mr. Mummert explained the City has an unreserved fund balance of $9.7 million. This means the funds are available to be used for whatever the Commission may deem necessary. Staff is suggesting that a portion of these funds be used to balance the budget. Vice Mayor McCray noted for the record the City would only be using $1.4 million of these funds. Mr. Mummert confirmed this was correct. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 Mayor Taylor added the balance of these funds would remain in reserve. Mr. Mummert responded staff is projecting at the end of the current fiscal year to have $15.9 million. The $6.2 million represents the 10% reserve that the Commission has mandated. Subtracting the $6.2 million from $15.9 million leaves a balance of $9.7 million as unreserved. Vice Mayor McCray inquired if the City had a six (6) month reserve. Mr. Mummert replied that the opinion on the reserve varies. Auditors recommend a reserve of 10% to 15%; the State suggests between 5% to 10%; and bonding agencies would like to see 20% to $25%. The $15.9 million represents about three (3) months of operating expenses and approximately $6 million (one month) is reserved for emergency purposes. Mayor Taylor opened the public hearing. John McGovern, 2620 Spiceberry Lane, Boynton Beach is a retired school superintendent and has dealt with budgets before he moved to Florida. He noted the largest increase in the tax bill he received last week was the City's portion of the tax bill. He pointed out even though the millage rate has gone down, assessed values have increased. When he received his tax bill, he called the Finance Department and left a message requesting an opportunity to review the figures and no one ever called him back. He called the City today and the City Manager's office referred him to the Library where a copy of the budget was available. He questioned the figures in the budget and felt they did not add up correctly. He specifically referred to the City Commission line that indicated there is a net increase of .3%, but the line items in this category are astronomical. He requested an explanation of how the numbers were arrived at. Mayor Taylor requested that the Finance Director contact Mr. McGovern regarding his concerns and that Mr. McGovern's questions be answered prior to the second public budget hearing. Herb Suss, Quail Run, was not in favor of lowering taxes in order to meet the needs of the City's growing population. Mayor Taylor was pleased with the budget and felt the City's growth would result in lower taxes in the future. Commissioner Ferguson noted the City experienced a 12.2% increase in revenues and the millage rate is remaining almost the same. He announced a public demonstration was scheduled for Thursday evening when the County Commission addressed their budget. TABOR (taxpayer bill of rights) feels the County should not raise their taxes any more than the cost of living increase, plus the population increase. This would only result in a 5% increase for the County. They would like a rollback in the ad valorem tax rate from 4.5 mills to 4.05 mills. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 If the City took this approach, there would only be an increase of $2.8 million, plus the one-time charges for the pension shortfall and the CRA TIF funds. Commissioner Ferguson felt there would still be sufficient funds to lower the City's tax rate from 7.4 mills to 7.3 mills. He would not vote for a millage rate above this amount. Mayor Taylor pointed out a couple of years ago the City had a referendum to fund many of the City's capital improvement projects, but the residents voted it down. However, the City was still able to find funds for the projects. Mayor Taylor enumerated all the projects going up in the City. Mayor Taylor announced the City was doing an excellent job in holding the line and he was not in favor of lowering the millage rate and then have to go out and borrow the funds at a later date. Proposed Resolution No. R05-120 Re: Adopting the Proposed Millage Rate for Fiscal Year Millage Rate for fiscal year 2005/06 Attorney Cherof read proposed Resolution No. 05-120 by title only. Attorney Cherof stated the proposed millage rate is 14.47% above the computed rollback rate and the second and final public hearing to establish this year's millage and budget is September 20,2005 at 6:30 p.m. in Commission Chambers. Motion Vice Mayor McCray moved to receive proposed Resolution R05-120. Motion seconded by Commissioner McKoy. Commissioner Ensler pointed out the Commission thoroughly reviewed the budget, line item, by line item, at a previous meeting. The City is adding more police and firefighters to meet its growing needs and he commended staff for putting together a budget to meet the City's needs and services. Vote Motion carried 4-1 (Commissioner Ferguson dissenting). Proposed Resolution No. R05-138 Budget for fiscal year 2005/06 Re: Adopting the Tentative Attorney Cherof read proposed Resolution No. 05-138 by title only. Attorney Cherof announced that the second and final public hearing to consider the budget would take place on September 20, 2005 at 6:30 p.m. in Commissioner Chambers. 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 Motion Vice Mayor McCray moved to approve Proposed Resolution No. 05-138. Motion seconded by Commissioner Ensler. Motion carried 4-1 (Commissioner Ferguson dissenting). D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ferguson requested to add to the agenda an appointment to the Planning and Development Board on the basis that the resignation submitted by Mr. Rodriguez was not applicable because he had already missed four meetings. A letter was sent to Mr. Rodriguez when he missed the third meeting advising him if he missed another meeting, he would be automatically removed from the Board. Commissioner Ferguson would like to make this appointment tonight because Mr. Rodriguez has missed seven Planning and Development Board meetings between this year and last year. Commissioner Ferguson requested that Lee Wische, Chairman of the Planning and Development Board, address this. Mayor Taylor pointed out this was not on the agenda and was contrary to Commission policy. First the Commission would approve a resignation at a meeting and the appointment would then be added to the agenda for the next Commission meeting. Lee Wische, 1302 SW 18th Street, Boynton Beach, assumed the podium and stated he was Chairman of the Planning and Development Board. Mr. Wische explained that Mr. Rodriguez was appointed to the Board last year and during that time he missed three regular meetings and two workshops. The Board's new fiscal year started in April and Mr. Rodriguez missed the May through August meetings. When Mr. Rodriguez missed the third meeting, the City Clerk's Office sent him a warning letter that Mr. Wische read into the record. After Mr. Rodriguez missed the fourth meeting, he requested that the Recording Secretary at the meeting inform the City Clerk of Mr. Rodriguez's fourth absence. Mr. Wische called the City Clerk's Office on Wednesday at 8:00 a.m. to notify the City Clerk in accordance with the ordinance cited in the letter, Mr. Rodriguez was terminated from the Planning and Development Board. Since he was terminated, Mr. Wische was under the impression that a vote was not necessary because the resignation did not apply. Commissioner Ferguson had requested at the Agenda Preview Conference that the appointment to the Planning and Development Board be placed on the agenda. When Mr. Rodriguez was informed that he was terminated, he submitted a letter of resignation that was received in the City Clerk's Office the next day at 2:30 p.m. Mr. Wische felt the resignation should not apply, because the ordinance stated he was terminated since he informed the City Clerk of this at 8:00 a.m. the next day after the meeting. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Mr. Wische requested that the record indicate that Mr. Rodriguez was terminated and that his resignation did not apply. He requested that an appointment to the Planning and Development Board be added to the agenda tonight. Mayor Taylor noted he is charged with signing letters of termination, and he had not received such a letter to sign for Mr. Rodriguez. Further, Mr. Rodriguez telephoned Mayor Taylor from California saying he could not make the meeting, at which time Mayor Taylor advised him that he should resign. Mayor Taylor questioned why Mr. Rodriguez was being singled out and referred to the City's policy to address Board vacancies. If a person were removed from the Board, the appointment would be added to the next agenda. Mayor Taylor was opposed to adding this to the agenda tonight. Motion Commissioner Ferguson moved to add the Planning and Development Board appointment to the agenda tonight. Motion seconded by Vice Mayor McCray. Vice Mayor McCray felt that Mr. Rodriguez was terminated because he did not attend the meetings and did not submit his resignation until 2:00 p.m. that afternoon. Mayor Taylor did not think he was terminated because he did not officially terminate him. He asked Attorney Cherof to respond to this. Attorney Cherof announced that Mr. Rodriguez's board membership has not been officially terminated. Commissioner McKoy inquired, if in fact, there was resignation prior to Mr. Rodriguez's fourth absence. Attorney Cherof pointed out Mr. Rodriguez tendered his resignation while the meeting was in progress at 6:51 p.m.; the City Clerk received it at 6:51 p.m. Vice Mayor McCray inquired about the fax being received at 2:00 p.m. the next day. Deputy City Clerk Pyle responded that she called Mr. Wische the day after the meeting at 2:30 p.m. because she was waiting for a response from the City Attorney's Office to determine whether it was a resignation or termination. Attorney Cherof explained that the fax was sent to the City Clerk's Office the night of the meeting at 6:51 p.m. The question of whether this should be treated as a resignation or termination was posed the next day by the City Clerk's Office to Mr. Cherof. At 2:00 p.m. the City Clerk's Office telephoned Mr. Wische with the outcome of this evaluation. Vice Chair McCray inquired if the City Clerk's Office received the termination letter at 6:51 p.m., while the meeting was being held, was this a resignation or termination? Mr. Cherof responded the resignation was in place because the meeting had not ended and Mr. Rodriguez could have shown up and satisfied the requirement of not missing four meetings. Attorney Cherof regarded this a resignation, not a termination. Vice Chair McCray withdrew his second of the motion. 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Mayor Taylor called for a second for the motion on the floor. Hearing none, the motion failed. Commissioner McKoy requested that Item III. C.3 (Presentation by Sister Cities Committee) be tabled to the next meeting. Mr. Bressner announced that Item VI.E.1 (Chow Hut) should be removed from the agenda. Mr. Rumpf, Planning and Zoning Director, reported the applicant is making revisions to the project and will be coming back through the review process. Motion Vice Mayor McCray moved to table Item III.C.3. Motion seconded by Commissioner McKoy and unanimously carried. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission None III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Introduction of Sharyn Goebelt, Director of Human Resources Mr. Bressner introduced Sharyn Goebelt, the City's new Director of Human Resources. Mr. Bressner welcomed Arthur Lee, the City's former Director of Human Resources, who was in the audience. Mr. Bressner announced that Ms. Goebelt was the Director of Human Resources for the City of Boca Raton and had eleven years of service in human resources in the private sector. Ms. Goebelt said she looked forward to working for the City and has lived in Boynton Beach for six years. She thanked the City for an opportunity to serve the City and hoped that she would be making a contribution to the betterment of the community. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 2. Introduction of Bobby Jenkins, Assistant Director of Finance Bill Mummert introduced Bobby Jenkins, the new Assistant Director of Financial Services. Mr. Mummert noted that Mr. Jenkins was born and raised in Boynton Beach and presented a background on Mr. Jenkins' education and professional experience. Mr. Jenkins was pleased to be with the City and noted his friends and family live in Boynton Beach. B. Community and Special Events: None C. Presentations: 1 . Proclamations: a. 60th Anniversary of VJ Day, the End of World War II. Mayor Taylor read the Proclamation announcing the 60th Anniversary of VJ Day on September 2nd and presented the Proclamation to Commissioner Ensler, who is a veteran. Commissioner Ensler thanked the Commission for all the work they have done in approving the new Veteran programs in the City. He also thanked all the veterans who have served their Country. b. 110th Anniversary of the Greater St. Paul African Methodist Episcopal Church - September 11, 2005. Mayor Taylor read the Proclamation announcing the 110th Anniversary of the Greater St. Paul African Methodist Episcopal Church on September 11, 2005. Mayor Taylor presented the Proclamation to Vice Mayor McCray. Vice Mayor McCray accepted the proclamation on behalf of the Greater St. Paul African and announced on Sunday, September 11, 2005 at 11 :00 a.m. a program to celebrate the Church's 110th anniversary will be held and everyone was invited to attend. 2. Update on Honors College and a description of programs available to the general public - by Dr. Nancy Poulson, Interim Dean at Wilkes Honors College at FAU's MacArthur Campus in Jupiter. Mayor Taylor introduced Dr. Nancy Poulson, Interim Dean at Wilkes Honors College at FAU's MacArthur Campus in Jupiter. Dr. Poulson thanked the Mayor and Commission for allowing her the opportunity to describe what they have available for Boynton Beach students at the Wilkes Honors College. Dr. Poulson gave a PowerPoint presentation about the College and pointed out many local students from local high schools attend 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Wilkes Honor College. A copy of the PowerPoint presentation is on file in the City Clerk's Office. Mayor Taylor thanked Dr. Poulson for her presentation. Mayor Taylor acknowledged State Representative Anne Gannon in the audience. Mayor Taylor thanked Representative Gannon for all her efforts on behalf of the City. 3. Presentation by the Sister Cities Committee. Item III.C.3 tabled to the September 20, 2005 meeting. 4. Presentation of the book, Images of America: Boynton Beach. Ms. Farace, the Library Director, announced, on behalf of the Boynton Beach City Library, the publication of a new book in the nationwide series of Images of America:Boynton Beach. The book is 128 pictorial pages about Boynton Beach that captures the images representing the people and history of the City dating back to the late 1800's. The book was co-authorized by Reverend Randall Gill and Janet DeVries, an employee of the Library. Reverend Gill and Ms. DeVries, who are local residents, each gave a brief background of how the book came to fruition and what the book is all about. Ms. DeVries announced a presentation would take place on September 19, 2005 at 6:30 in the Library. Refreshments will be served and the public is invited to view a PowerPoint presentation. Ms. DeVries presented a copy of the book to the Mayor and Commissioners. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) John Wolcott, 1521 NW 24th Street, Boynton Beach, is employed by the City's Utilities Department and a union steward with the SEIU Local 1227. He noted the union is still at impasse with the City and asked that the City be fair with the Blue Collar workers when they have to make a decision. Because of the tragedy that has occurred in the Gulf Coast, Louisiana and the City of New Orleans, they have decided not to partake in their customary informational picketing. He pointed out many of the 100 members of SEIU Local 21 in those areas have suffered dearly and lost their ability to support themselves and their families because the jobs are no longer there. SEIU Local 1227 will be distributing information to their members and the Commission on making contributions to the SEIU Hurricane Relief Fund. Mr. Wolcott distributed the informational literature he mentioned to the Mayor and Commissioners. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 Tina Smith, 15 Velaire Drive, Boynton Beach, noted every year at this time she complains about the condition of the City canals. She has spoken to the gentleman who does the spraying who informed her that every summer the Hygrophila grows 4" per day and every year her backyard becomes a cesspool because of this. Ms. Smith would like the City to try to address the problem before it escalates and the canals become impassable. Mayor Taylor inquired if the City hired a contractor to spray the canals and was informed it was contracted out. Ms. Smith volunteered in the past to take the course to obtain a spray license and perform this function on behalf of the City and again volunteered to do this if the City would pay for the cost of the class. Herb Suss, a resident of Quail Run, thanked the City Manager and the Commission for appointing Matt Immler the City's new Police Chief. Mr. Suss felt Chief Immler would be a credit to the City and morale in the Police Department is already up. Mr. Suss noted the City's continued growth and there was little land left on which to build. He referred to the shortage of affordable housing in the City, which was needed in order to attract workers into the City. To accomplish this, he would like to see an affordable housing program implemented so whenever a development goes up, some units would be put aside for this purpose. Sunny Garcia, 1631 NW 3rd Lane, questioned why employees that enter the City's DROP Program and eventually leave the employment of the City cannot be rehired by the City, which he believed was allowed. He is aware of an individual with excellent qualifications that would like to come back to work for the City. He requested the applicable ordinance be researched and he be provided with an answer to his inquiry. He would like the ordinance changed to allow people to come back to work for the City because the City is losing a lot of good people that would like to come back to work. V. ADMINISTRATIVE: A. Accept the resignation of Ralph Diaz, a Regular member of the Recreation and Parks Board. Motion Commissioner Ferguson moved to accept the resignation of Ralph Diaz. Motion seconded by Vice Mayor McCray and unanimously carried. B. Accept the resignation of Larry Siegel, a Regular member of the Advisory Board on Children and Youth. Motion Commissioner Ferguson moved to accept the resignation of Larry Siegel. Motion seconded by Vice Mayor McCray and unanimously carried. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 C. Accept the resignation of Linda Sage, an Alternate member of the Arts Commission. Motion Commissioner Ferguson moved to accept the resignation of Linda Sage. Motion seconded by Vice Mayor McCray and unanimously carried. D. Accept the resignation of Jose Rodriguez, a Regular member of the Planning and Development Board. Motion Commissioner McKoy moved to accept the resignation of Jose Rodriguez. Motion seconded by Commissioner Ensler. Motion carried 3-2 (Vice Mayor McCray and Commissioner Ferguson dissenting). E. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) II McCray Cemetery Board Alt 1 yr term to 4/06(3) III Ferguson Code Compliance Board Alt 1 yr term to 4/06(3) IV McKoy Code Compliance Board Reg 3 yr term to 4/07(2) II McCray Education Advisory Board Alt 1 yr term to 4/06(3) IV McKoy Education Advisory Board Alt 1 yr term to 4/06(3) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/06(2) III Ferguson Library Board Alt 1 yr term to 4/06(3) IV McKoy Library Board Alt 1 yr term to 4/06(3) II Ensler Employees' Pension Board Reg 3 yr term to 4/08(3) All appointments were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 A. Minutes: 1. Agenda Preview Meeting - August 12, 2005 2. Regular City Commission Meeting - August 16, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the RFP for "REAL ESTATE ADMINISTRATOR" RFP #020- 1210-05/CJD to EARTH TEC CONSULTING, INC. of Miami, Florida to be hired on an "As Needed Basis" by task order. (Proposed Resolution No. R05-139) C. Resolutions: 1. (Intentionally Left Blank) 2. Proposed Resolution No. R05-140 RE: approval of Library State Aid Grant Application. Authorizing 3. Proposed Resolution No. R05-141 RE: Approving and authorizing execution of Task Order No. U-04-18-2 with Stanley Consultants for furnishing services associated with the development of the Utilities system base map. The Task Order fee will have a not-to-exceed upper limit of $96,637. 4. (Intentionally Left Blank) 5. Proposed Resolution No. R05-142 RE: Approving the purchase of property owned by Eddie and Thelma Durham, located at 234 N.W. 10th Avenue for the appraised value of $75,000. 6. Proposed Resolution No. R05-143 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Black Diamond Investments LLC for the property at 1141 Alto Road, Lake Worth, FL. (Ridge Grove ADD No 1 LT 324) 7. Proposed Resolution No. R05-144 RE: Approving the purchase of property owned by Anthony Allen, located at 144 NW 11th Avenue for the appraised price of $140,000. 8. Proposed Resolution No. R05-145 RE: Approving the City of Boynton Beach's 2005 Hurricane Housing Assistance 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Plan as prepared for submission to the Florida Housing Finance Corporation. D. Ratification of Planning and Development Board Action None E. Ratification of CRA Action: 1. CHOW HUT (MSPM 05-007) Request for Major site plan modification to construct a 1,718 square foot addition to an existing 702 square foot building for a 2,420 square foot restaurant on an 8,060 square foot parcel zoned Neighborhood Commercial (C-2). Item VI.E.1. was removed from the agenda. F. Authorize the use of Community Investment Funds from Commissioner Ferguson in the amounts as follows: a) $3,800 for the YMCA Partners with Youth Program. Commissioner Ensler removed Item VI.F.a for discussion. b) $2,500 for the Community Caring Center. G. Approve $5,000 donation to the Boynton Beach Faith Based CDC from the State Law Enforcement Trust Fund. H. Authorize the use of Community Investment Funds from Commissioner Ensler in the amount of $500 for the HeadStart program. I. Approving the updated Library Long Range Plan for 2005-2008. J. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $500 to the Service Corps of Retired Executives, known as SCORE. K. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $2,000 for the Boynton Beach All Star Cheerleading Squad. Motion Commissioner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray and unanimously carried. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 F. Authorize the use of Community Investment Funds from Commissioner Ferguson as follows: a) $3,800 for the YMCA Partners with Youth Program. Commissioner Ensler noted there was a lengthy discussion early in the meeting regarding interpretation of a City ordinance. This same issue applied to this item that was discussed at the Agenda Preview Meeting. Commissioner Ensler read from the minutes of the August 5, 2003 City Commission Meeting that stated: "Vice Mayor Ferguson did not believe that the Boynton Beach YMCA Partners in Youth would qualify as they are not a resident of the City or a business entity with offices in the City." When the ordinance on donations was passed, there were several exceptions in the ordinance including the YMCA program. Therefore, Commissioner Ensler feels even though the YMCA is located outside the City, it does provide a service for the people of the City. Motion Commissioner Ensler moved to approve Item VI.F.a. Motion seconded by Vice Mayor McCray and unanimously carried. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve settlement from court ordered mediation in the amount of $22,000 in the case of Linda & Keith Halstead vs. City of Boynton Beach. Motion Commissioner Ferguson moved to approve Item VII.A. Motion seconded by Vice Mayor McCray and unanimously carried. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission Attorney Cherof administered the oath to all persons who would be testifying and Cherof explained the procedures for quasi-judicial matters. A. PROJECT: Uptown Lofts @ Boynton Place (ABAN 05-003) (Gulfstream Lumber) James Vitter, Kimley-Horn Associates, Inc. Gulfstream Lumber Northwest Corner of Woolbright Road and Federal Highway 15 AGENT: OWNER: LOCATION: Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 DESCRIPTION: Request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street of FKA Alden Street) (1st reading of Proposed Ordinance No. 05-049) 1. Uptown Lofts @ Boynton Place (NWSP 05-021) Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning districts. (Gulfstream Lumber) Jim Vitter, representing Kimley-Horn Associates, Inc. was present on behalf of Epic Properties, the owner of the property. Mr. Vitter would be presenting a PowerPoint presentation of the project, a copy of which is on file in the City Clerk's Office. Attorney Cherof requested that the abandonment and the site plan approval be heard at the same time. Mr. Vitter agreed to this and there were no objections from the public. The project has been renamed Las Ventanas of Boynton Beach and is a mixed-use development, comprised of commercial and retail at the corner of Woolbright Road and U.S. Highway 1, which Mr. Vitter described. The project would be located on the existing Gulfstream Lumber property. The total property consists of 14.5 acres and the project consists of 494 residential units, 404 to be located in the two five-story towers previously pointed out in the presentation. Twenty-three bedroom town home units and 70 residential units would be built over the retail fronting U.S. 1 and Woolbright. Retail space is comprised of 43,359 square feet with associated parking, consisting of two parking garages, plus another two-story garage located behind the mixed-use portion of the project, which is not visible from the street. Also, there will be townhome parking on-street and off-street. Next reviewed was the site plan itself. Mr. Vitter pointed out there would be an archway covering the main entrance from U.S. 1 to connect the small accessory building on the north side to the mixed-use retail, south of the entrance. Mr. Vitter announced they agreed with all staff comments. Mike Rumpf, Planning and Zoning Director, wished to address the abandonment item of the project that consisted of a 180' section along SE 3rd Street. The developer had acquired all the property on both sides of that portion of the street. The remainder would be left intact. The developer only acquired one side of the street that would maintain the necessity for public need for access to private properties along that street. Based upon the revised plan, staff has determined there is no longer a public necessity for the remaining portion. If necessary, easements will be created to preserve utility access. If utilities have to be relocated, it would be at the developer's expense. The turn 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 around requirements will be provided at the terminus of the maintained portion of the roadway. Commissioner Ferguson asked how much space was on the west side from the railroad tracks to the site. Mr. Rumpf pointed out that the major part of the western portion of the project is comprised of the parking garages. There is 3%' between the property line and 4%' along another portion of the project. This increases going out to the tracks at 26' from the south side and 48' from another portion of the project. With regard to distance from the residential portion of the project to the tracks, one portion is 80' and from the north portion, 110'. Mr. Rumpf illustrated all the points of measurement for clarity. Commissioner Ferguson felt that a minimum of 40' would be needed in order to create a greenway that has been done with previous properties to the south. Mr. Rumpf responded that staff cannot assume that the railroad right of way would be permitted for greenways. Mr. Rumpf has not contacted the railroad authorities to determine this and noted they are very protective of their rights of way. Mayor Taylor opened the public hearing. Herb Suss, resident of Quail Run, would like to see affordable housing introduced into this project. He would like affordable housing included in all future developments. Mayor Taylor closed the public hearing since no one else wished to speak. Mr. Bressner referred to staff condition #4 that required the applicant to provide detailed offsite improvements acceptable to the City for Woolbright Road, including proposed signalization and striping. He asked for clarification of a note on the exhibit currently displayed that reads at the terminus of both streets entering onto Woolbright Road, the existing signalization intersection to be relocated, is not part of this approval. Mr. Vitter answered the developer intends to relocate the signal as part of the development. They have to discuss this with the owner of the adjacent property that utilizes the signalized intersection. Mr. Vitter felt it would be beneficial to move the signal, but they need the approval of Palm Beach County and the Department of Transportation. The cost for this would be borne solely by the developer. Mayor Taylor asked the applicant if they agreed with the 74 staff conditions and Mr. Vitter responded that they were in agreement with all conditions. Commissioner Ensler pointed out that some of the 74 conditions are requirements and some are recommendations. He asked the applicant if he accepted the recommendations as requirements that are cited in condition Nos. 71, 72, 74 and others. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Mr. Vitter responded they reviewed all the conditions with staff and agreed with all recommendations and requirements in the staff report. Vice Mayor McCray inquired when the abandoned buildings and structures would be torn down. Mr. Bressner asked who would be responsible for this and noted staff has been working with the property owner to get this nuisance abated. Kyle Riva with Epic Properties in Orlando stated they are developing the property and acquired the property last week. Therefore, they are the owners of the property. Prior to acquiring the property, they demolished some structures that posed a threat as the result of the City's concerns. The property has been cleaned up and structures deemed unsafe have been demolished. They are not planning to do any further demolition until they received their permits. Mr. Bressner said Code Compliance could confirm this. Mr. Riva was not certain if this was the department they dealt with, and Mr. Bressner requested Mr. Riva contact Code Compliance to make certain that the buildings removed were, in fact, the buildings that were supposed to be removed. Mr. Bressner requested if any buildings designated to be removed were not removed, he would like the developer to address this. Vice Mayor McCray noted even if the project was not approved, the owner would still be responsible for cleaning up the property. Sunny Garcia, manages Sunshine Square, which is the property across the street from the proposed development and he had concerns about relocating the traffic signal. He noted this light is one of the main entrances to the shopping center from Woolbright Road. He felt if the light were relocated, it would cause a problem because of the entrance's close proximity to the railroad tracks. Jeff Livergood, Director of Public Works and Engineering, reported that staff has been discussing traffic access to this site with the developer for over a year. He pointed out there is little frontage on U.S. 1 or Woolbright Road to provide full and safe access at signalized intersections. Staff encouraged the developer to find another access that would allow for relocation of the traffic signal further east, midway between Federal Highway and the railroad tracks. This will change the access to the shopping center, but staff feels this would be a positive safety move for both parties. Mr. Livergood pointed out the closeness of the current traffic signal to the railroad tracks. It is the intent to close that intersection off to avoid traffic in and near the railroad tracks. The driveway to the south of this entrance would provide very good access for the proposed traffic signal. Mr. Livergood pointed out that the County must approve this, which is a condition of approval. If the County does not approve the change, the signals would remain where they are currently located. The change of the location of the traffic signal is entirely safety related. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Vice Mayor McCray wanted to make sure the Federal Highway signals would be synchronized with the new signal on Woolbright Road to avoid traffic congestion. Mr. Livergood acknowledged that the signals needed to be coordinated. Mr. Garcia requested he be provided time to discuss this with the owner of the shopping center. Mr. Bressner recommended that Mr. Garcia speak with the Mr. Riva. Attorney Cherof read proposed Ordinance No. 05-049 by title only. Motion Vice Mayor McCray moved for approval of proposed Ordinance No. 05-049. Motion seconded by Commissioner Ferguson. Deputy City Clerk Pyle called the roll and the motion passed 5-0. Motion Vice Mayor McCray moved to approve the site plan for Uptown Lofts @ Boynton Place (NWSP 05-021). Motion seconded by Commissioner McKoy. Motion carried 4-1 (Commissioner Ferguson dissenting). Attorney Cherof pointed out the motion included the 74 conditions of approval set forth in the proposed development order. B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (LUAR 05-00S) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SE corner of intersection of Ocean Ave and SE 4th St. Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C) (1st Reading of Proposed Ordinance No. 05-050) Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) (1st Reading of Proposed Ordinance No. 05-051) Proposed Use: Addition to an approved mixed-use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space. C. PROJECT: AGENT: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 OWNER: LOCATION: DESCRIPTION: D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Ventures I, LLC SE corner of intersection of Ocean Ave. and SE 4th St. Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-052) Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SE corner of intersection of Ocean Ave. and SE 4th St. Request for abandonment of a portion of an alley (Southeast 1st Place), located immediately east of SE 4th Street, in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-053) Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SW corner of Ocean Avenue and Federal Highway Request for abandonment of a portion of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. (1st Reading of Proposed Ordinance No. 05-054) Attorney Cherof requested that the items be heard simultaneously. He inquired if Item E had been withdrawn and was informed it had not. Attorney Cherof administered the oath to all persons that would be testifying and explained the process for quasi-judicial matters. Bonnie Miskel, Attorney on behalf of the petitioner, acknowledged for discussion purposes, the items were being combined. Ms. Miskel pointed out the Arches project was before the Commission a few months ago with a site plan that included the entire two blocks. Last year, the Commission also saw a version of the project, but it was minus the three parcels that comprised the northwest corner of the overall project. Since the original approval, Ms. Miskel's client has acquired these additional parcels and they are coming back with a site plan that included the entire parcel. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 The land use amendment would make the site consistent with the land use and zoning of the balance of the site. It would also be consistent with the Comprehensive Plan, the CRA Federal Highway Corridor and the site plan previously reviewed and approved by the Commission without any changes or modification. Ms. Miskel said this was a clean- up item from what was previously presented. The applicant is also requesting that the street that bisects the project be abandoned. The original plan viewed by the Commission over a year ago had the street remaining. The plan the Commission approved a few months ago is entirely different and covers that area to make the street no longer necessary. This is the applicant's first abandonment request, which is a portion of SE 1st Avenue between, Federal and SE 4th Ave. The second request for abandonment is for a portion of an alleyway. The east half of this alley was abandoned in the original plan, since it was part of the project. With the addition of the northwest corner of the site, the applicant would like to eliminate the entire alley. Ms. Miskel reported this too was a clean-up item and is consistent with the approved site plan. The third request for abandonment, that staff disputes, is a request to abandon the sidewalks. Ms. Miskel said they are asking the City to abandon the public dedication that was done by plat and in exchange the City would get the sidewalks back in the form of a public sidewalk easement. Everything would remain as it exists today. The sidewalk would continue to be used for public use. The difference is that the fee simple title under the property would revert back to Ms. Miske/'s client; the obligation to maintain the sidewalks would become her client's obligation; and the liabilities that come with the sidewalk become her client's liabilities. Public access would not be impeded and would remain as it had in the past. Ms. Miskel pointed out they are asking the City to vacate the sidewalks along 2nd Avenue, 4th Street and Ocean Avenue. They have removed Federal Highway from their request to vacate. This equates to giving back approximately 9,500 square feet of sidewalk. In exchange, they are offering the City over 11,000 square feet of sidewalk. This would include the 9,500 square feet that the City would give back through abandonment, plus sidewalk that currently is not public in the northwest part of the site that the City did not previously have. They will also be giving the City some additional on-site parking spaces along 2nd Avenue. These spaces are not part of the project's parking count and they do not need them to satisfy their site plan requirements. Ms. Miskel pointed out that the 11,000 square feet they are offering the City does not include the public portion. Ms. Miskel recalled the site plan included a very large plaza on the northeast corner of the site that is approximately 17,500 square feet and will serve as a City public park. This has been included in the site plan and will be constructed pursuant to site plan approval. This is another amenity they are offering the City. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Ms. Miskel considered this an exchange and not a typical abandonment. Staff was concerned that this might set a precedent, which Ms. Miskel did not agree with. They are giving more than what they are asking for. She noted many cities allow sidewalks to be given by easement. Attorney Cherof referred to a letter from Ms. Miskel's firm that indicates a formal withdrawal of a request to abandon sidewalks on the property's Federal Highway frontage. Ms. Miskel confirmed this was correct. Originally, they asked for the sidewalks on the four street frontages, but now are only asked for the sidewalks along 2nd Avenue, 4th Street and Ocean Avenue. The request for the Federal Highway sidewalk has been removed from their request. Attorney Cherof pointed out that Federal Highway is included in Item E on the agenda and that is why he had asked earlier if that was the subject matter of their letter requesting withdrawal. Ms. Miskel acknowledged that Item E included all four street frontages and Attorney Cherof was correct that a portion of Item E had been withdrawn, but not all of Item E. Attorney Cherof remarked the City Code requires the Commission to opine that there is no public purpose for property being abandoned. If the applicant were dedicating the abandoned sidewalks to the City, would this presuppose there is a public purpose for the sidewalks? Ms. Miskel interpreted this to mean there was public purpose for the abandoned sidewalks being a platted dedication and they feel this does not apply because a sidewalk easement would satisfy all the requirements of the City and provide additional benefits to the City. Vice Mayor McCray inquired if any underground utilities were involved in the abandonment. Ms. Miskel reported they have received letters from the utilities and if any utility required relocation, they would be responsible for that. Attorney Cherof requested that staff address the issue of how the abandonment issue impacts the density issue. Dick Hudson, Senior Planner, said he would be addressing the land use amendment and rezoning first. Mr. Hudson announced that staff recommends approval of the Land Use Amendment and Rezoning. The addition of the property would provide the applicant with a redevelopment covering two entire City blocks that will make a more complete the project. The Land Use Amendment and Rezoning are consistent with applicable Comprehensive Plan Policies and the Federal Highway Corridor Redevelopment Plan. Ed Breese, Principal Planner, announced that staff supports the street abandonment and the remainder of the alley abandonment that is within the development with conditions regarding easements and relocation or encasing of the utilities, at the applicant's expense. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 The City is opposed to abandonment of the sidewalks and the City bases abandonments on whether the right of way to be abandoned still serves a purpose for which it was designed. Staff feels that the sidewalks serve that purpose. Mr. Breese pointed out that Planning and Zoning and Engineering are recommending denial of the sidewalk abandonments. The sidewalks are along the periphery of the project and are not within the project. Mr. Breese pointed out that the abandonments would provide the applicant with additional dwelling units. Further, staff feels abandoning the sidewalks simply to allow the developer to have more units would amount to a giveaway of public property without compensation. Staff feels this would set a dangerous precedent and would result in other developers expecting the same type of giveaways from the City. Mr. Breese also noted the applicant indicated they would be giving the City a plaza and additional sidewalk that the City does not currently have are actually conditions staff req u ired. Commissioner Ensler inquired if the CRA approved the sidewalk abandonments and Mr. Breese reported it was approved on a 4-3 vote. Mayor Taylor noted under comments it states if the City Commission approved the abandonment request, the applicant would have to provide executed easements satisfactory to the City Attorney prior to issuance of the first permit. Mr. Breese responded whenever staff makes a recommendation of denial, if the Commission recommends approval, staff provides conditions or other things they would like to see in the recommendation for approval. Mayor Taylor opened the public hearing. Herb Suss, a resident of Quail Run, reiterated his desire for affordable housing units in all new developments. Commissioner Ensler pointed out that the CRA has plans for affordable housing. Mayor Taylor closed the public hearing. Mayor Taylor was of the opinion that the abandonment of the sidewalks was a policy issue to be decided by the Commission. He also noted that this is done in other cities and he felt the City would receive more than what they were giving. Attorney Cherof read Proposed Ordinance No. 05-050 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-050. Motion seconded by Commissioner Ensler. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-051 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-051. Motion seconded by Commissioner Ferguson. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-052 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-052. Motion seconded by Commissioner Ensler. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-053 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-053. Motion seconded by Commissioner McKoy. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-054 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-054. Motion seconded by Commissioner McKoy. Deputy City Clerk Pyle called the roll. The motion carried 4-1 (Commissioner Ferguson dissenting) . IX. CITY MANAGER'S REPORT: None. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 X. FUTURE AGENDA ITEMS: A. Interlocal Agreement between the City and CRA - Boynton Beach Promenade extension. (Proposed Resolution No. R05-091) Tabled to 9/20/05 B. Interlocal Agreement between the City and CRA -- Old High School. (9/20/05) C. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (10/4/05) D. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 10/4/05)(proposed Resolution No. R05-119) E. City Manager's Evaluation (October 2005) F. Notification to residential areas of ordinance changes. (9/20/05) G. List of State Funding Requests (9/20105) H. Ordinance allowing non-residents on Advisory Boards. (10/18/05) Vice Mayor McCray inquired about the meeting date in October when the City Manager's Evaluation (Item X. E) would take place. He was informed it would take place during the second meeting in October. XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-047 RE: Approving the establishment of a Veteran's Advisory Commission. Attorney Cherof read Proposed Ordinance No. 05-047 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-047. Motion seconded by Commissioner Ensler. 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Herb Suss, resident of Quail Run, a Marine Corps Veteran, was pleased that the City was establishing a Veteran's Advisory Commission. Deputy City Clerk Pyle called the roll. The motion carried 4-1 (Commissioner Ferguson dissenting) . 2. Proposed Ordinance No. 05-048 RE: Amending Ordinance 098-06 by amending Chapter IV, "Benefits", subsection 07 Entitled "Family and Medical Leave Act" of the Personnel Policy Manual. Attorney Cherof read Proposed Ordinance No. 05-048 by title only. Attorney Cherof requested the Commission in its adoption of the ordinance, amend the ordinance to delete the second "Whereas Clause." Motion Commissioner Ferguson moved to approve proposed Ordinance No. 05-048 with the exception. Motion seconded by Commissioner Ensler. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Deputy City Clerk Pyle called the roll. The motion carried 5-0. B. Ordinances -- 1 st Reading 1. Proposed Ordinance No. 05-055 RE: Approving Solid Waste Ordinance Revision - Chapter 10 - Garbage, Trash and Offensive Conditions, Sec. 10-30, rates and charges for City service, repealing the rate of $13.15 per month for non-automated single family garbage collection. Attorney Cherof read Proposed Ordinance No. 05-055 by title only. Motion Commissioner Ensler moved to approve proposed Ordinance No. 05-055. Motion seconded by Vice Mayor McCray. Deputy City Clerk Pyle called the roll. The motion carried 5-0. C. Resolutions: None 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL D. Other: September 6,2005 None. XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:35 p.m. ATTEST: /'7 (' c:=~~---~ .../> . ~ ~t-ZL- /~ .~--' eputy Clerk ,/ ~~ 1t- ,4(~,~ Recording Secretary (September 8, 2005) CITY OF BOYNTON BEACH .c:::--.-- .. , __",,~-"." ~ommiSSi<mer'~/ ." - - I{~ G . ~o...J Commissioner 27 r---- .. '"+j~~;:" ~: ~ r ' I d ~'rt.;~:, ... '! Iii r--------~------ <: <: fJ "'"' c '" c ;;1 " S?. { <- "- " .... 00 Q Q i.c N Q 00 ""l Q (Jl .." o ... S o iil Er 0' S ., ~ o' " o ... iil on '" ... 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'I I I I J i \ \ \7- I ~ J .;l , '~l '~'~'\ .: J I, I, - ----1:1 t~ Library presents Meet the Authors Images of America: Boynton Beach Book Signing Monday, September 19, 2005 at 6:30 PM Library Program Room RSVP 742-6380 . A new book by Arcadia Publishing co-authored by Rev. M. Randall Gill And Library archivist Janet DeVries in conjunction with Boynton Beach City Library ; 128 pictorial pages capturing the history & people of our town starting from the late 1800's. Available Now! Proceeds benefit Schoolhouse Children's Museum Books on sale for only $21.30 (includes tax) at Boynton Beach City Library, Schoolhouse Children's Museum & City Hall in the Mall , i .,.; Help Hurricane Katrina Survivors Hunclrpd, of thous,mds of workers and th('lr families in New Orleans and mdny other Cult Coast cities and towns dre lacing catastrophic conditions resulting from Hurricane Katrma. Survivors IrlCIUcJ0' 2,500 members Jnd tdrnilif~S of SEIU Lucal 21 and Local 100 who vvark for schoo/<;, local governments, nursing homes, and in CfJnln1erclal buildings. How you can help: Contribute to the SEI U Hurri(ane Reliei Fund; M~II d,CC~S 0' money (lIclers tn; SEll! HlIIri,.ane Relief Fune!.! 313 l Stn'<:t, NW, V\ash'ngron, DC, 20005 Or Cnntflbut,:. online at w\V\\'_'ieiu.OIg. Cuntrd)Ufl()n~ ~1rc nl)! l<..Ix.deductJble. ~ Fund, 11'1111,(' di,rrrl>ukd tlli r}u;;h cu, Cult (n,I'>! !I)c:.!ij tlll\,ltnn,'j C,lII\'lvur". Volunh:er; SelHi ,Ill C-!II,)II II, hlnTI\, ,)j)( 'f' .lld'''.;(.It/.lII,I; It )'( LI I.,lfi \'flluntt:'I_'r 111 lint' I.d the"r-' \.\'r"IV" . 1''\1111'",''' dIJ._t(ll~. [lvll _". ,Ind (_,rh,_,t Ih\dfl! 1.!l1 1)1, ,ft :,'.11 111,JI;.. .lf1' tll 'i fll'rll(,' PI" IV/( L' ,'nl< 1.~\1 it \" f)1( ,dl/ ,J! I Jr,' HI.! 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ATLANTIC Counselor Fact Sheet, September 2005 Admissions Update Kerry'Rosen, Director of Honors College Admissions Greeli!lg~l ,,' 011 behalf of the entire faculty and staff, I thank~, Y;,~,',',,',,',""~,','P,lltt, e support and referrals you have giYflI1 u"J'~t, '. ._venth straight year we admitted a tal . "'," ,,' ..', '.. clllss, including four Valedictorians. VlIe.' d of the more than 400 gifted . " at the Harriet L. Wilkes Honors 'fflo or so graduates. To continue ~.we need your help. Please keep 'I\g exceptional students who ~ . dable liberal arts education. , '..€iltfice is l!Iways available to assist you ,. , . Please come and visit us. We'd love to ~r~c8lnpus. Just call me and we'll $8l a <1.,..,~ (l$l' .',reac:h us at 800.920.8705 or email hcathJI~~_edU. .FLAGt..'S8IOLARSHIPI Again lIW'~~r,theHarfiet L. Wilkes Honors College will appoint ~~"Henry Morrison Flagler Scholars. These students."WIltJeceive awards that cover full tuition, room and board, and four summer enrichment programs. Nominaliltn<by a schQol offioial is required. Cheek our website 101' more information and the nomination form. Deadline is December 15. What's new? o Sev'eralbuildings on campus (including a psychology building and a Lifelong Leamin9 Complex) o 8 additional faculty have been hired o Over 100 degrees have been awarded Honors College Quick FactS o All-honors education at an all-honors college o Located in Jupiter, Florida (3 mi. from beach) o Extremely low studentlfacuity ratio o Generous merit-based scholarships o Residential campus with private-bedroom suites o Website: www.honorscolleae.edu Profile of the Fall 2005 Class 126 students: 98 freshmen and 28 transfers 98 Florida residents 8 non-FL US, 20 non-US 20% ethnic minorities: 10% Hispanic, 4% Asian, 4% Black, 2% Native Ameriq;lll&. FTles; 50% in Top 10% 4Valedictorians 1 National Merit Finalist 1 Natioi'falHispanic Scholar ~ for weighted GPA: 3.62 - 4.45 .~._1iihge: 1200-1320 (SAT), 27-29 (ACT) ."".1IM DEADLINES AND PRO* ~ ".~(non-binding) - December 15'", 1.... adml"ionsdeclsion by February 15th )ii; Regular. Students apPlYing, aft, er December 15'" wI,,"~, considered for admissiOll'.... freshman and trattel. Classes are filled , ' '. ? A complete appli~llcludes: State Un' .. ,', pp1ication $30.00 a fee Supplem tion form Officialtr Official SAT or ACT scores Two letters of evaluation A graded writing sample Resume Because there is limited space in the entering class and residence halls, students are encouraged to apply as early as possible. Open House Dates 1 pm on Sat. Nov 19, 2005 & March 25, 2006 ADMISSIONS STAFF MEMBERS Director Kerry Rosen 561-799-8644 krosen@fau.edu Assl. Director Suzanne Prior 561-799-8245 sprior@fau.edu Senior Coordinator Tara Nelan 561-799-8645 tnelan@fau.edu Senior Coordinator Ann Stubrud 561-799-8758 astubrud@fau.edu Coordinator Marisa Marquez 561-799-8680 mmarque3@fau.edu Admissions Assistant Jackie Chwalik 561-799-8646 jchwalik@fau.edu Admissions Assistant Sahodra Balraj 561-799-8647 sbalraj@fau.edu lIarriet 1. Wilkes lIonors College' John D. MacArthur Campus' Florida Atlantic Universily . 5353 Parkside Drive' Jupiter FL 33458 www.honorscollege.edu . 800/920-8705 I ----- ---~-~._. HONORS COLLEGE STUDENTS' FORMER SCHOOLS FLORIDA SCHOOLS ALACHUA Coral Reef HS MANATEE River Ridge HS MINNESOTA Buchholz HS Miami-Dade C Southeast HS PINELLAS MISSISSIPPI Eastside HS Miami Edison HS MARION Admiral Farragut HS MISSOURI Oak Hall School Miami Palmetto HS MONTANA P K Yonge HS Michael Krop HS Central Florida CC Clearwater HS NEBRASKA Trinity Catholic HS Gibbs HS Santa Fe CC North Miami HS Vanguard HS Lakewood HS NEVADA Our Lady of Lourdes NEW HAMPSHIRE BAY School for Adv Studies MARTIN Palm Harbor Univ. HS NEW JERSEY Bay HS South Dade HS Indian River CC Shorecrest Prep School NEW MEXICO BREVARD South Miami HS Martin County HS S1. Petersburg JC NEW YORK Astronaut HS South Fork HS 81. Petersburg HS NORTH CAROLINA Brevard CC DESOTO 81. Petersburg Catholic OHIO DeSoto HS MONROE Cocoa Beach HS Coral Shores HS POLK OREGON Comm Christian School DUVAL Florida Keys CC Aubumdale HS PENNSYLVANIA Holy Trinity Episcopal Andrew Jackson HS Key West HS Bartow HS TEXAS Melbourne etfl Catholic Bishop Kenny HS Ft Meade HS VIRGINIA Melbourne HS Episcopal HS NASSAU Harrison etf for Perf Arts WASHINGTON Satellite HS Providence School F emandina Beach HS Rockledge HS Stanton College Prep PUTNAM OKALOOSA Palatka HS Titusville HS ESCAMBIA Choctawatchee HS St Johns River CC OTHER COUNTRIES BROW ARD East Hill Christian ALBANIA OKEECHOBEE SAINT JOHNS Archbishop McCarthy HS Pensacola CC ARGENTINA Okeechobee HS Bartram Trail HS BELGIUM Broward CC Pensacola HS Boyd Anderson HS Pine Forest HS ORANGE St Augustine HS BRAZIL Cardinal Gibbons HS Tate HS Dr Phillips HS SAINT LUCIE BULGARIA Coconut Creek HS Oak Ridge HS Ft Pierce Central HS CANADA College Acad at BCC GILCHRIST Timber Creek HS Indian Ri ver CC COLOMBIA Cooper City HS Bell HS Valencia CC John Carroll HS DOMINICA Coral Springs Charter HENDRY Wm Boone HS Lincoln Park Academy ECUADOR Coral Springs HS Clewiston HS OSCEOLA Port St Lucie HS ELSALVADOR Cypress Bay HS Celebration HS St Lucie W Centennial HS ENGLAND HERNANDO Deerfield Beach HS Hernando Christian Acad ERITREA Ely HS PALM BEACH SANTA ROSA FINLAND Hernando HS Atlantic Community HS Jay HS GERMANY Everglades HS Flanagan HS HIGHLANDS Benjamin School Navarre HS GREECE Lake Placid HS Boca Raton HS Pensacola CC GUATEMALA Hollywood Hills HS M S Douglas HS Sebring HS Boynton Beach HS SARASOTA HAITI Northeast HS South FL CC Cardinal Newman HS Pine View School HUNGARY Nova Ctr HS HILLSBOROUGH Dreyfoos Sch of the Arts Riverview HS ITALY Pembroke Pines Charter Bloomingdale HS FAU HS Sarasota HS JAMAICA Pine Crest School C Leon King HS Forest Hill HS Venice HS KENYA Plantation HS Chamberlain HS Glades HS SEMINOLE LATVIA Pompano Bch. HS Durant HS Grandview Prep Lake Brantley HS LITHUANIA South Broward HS H B Plant HS Inlet Grove HS Oviedo HS MEXICO South Plantation HS Hillsborough HS John I. Leonard HS Seminole CCI Adult HS NEPAL Stranahan HS Plant City HS Jupiter Christian School Winter Springs HS NETHERLANDS St. Thomas Aquinas HS Jupiter HS PERU Taravella HS Tampa Preparatory King's Academy VOLUSIA PHILIPPINES Western HS INDIAN RIVER Lake Worth HS Atlantic HS POLAND Westminster Academy Indian River Charter HS Olympic Heights HS Daytona Beh CC ROMANIA William McFatter HS Sebastian River HS Pahokee HS Mainland HS RUSSIA Vera Beach HS Palm Beach Central HS Spruce Creek HS SAINT LUCIA CHARLOTTE Palm Beach Gardens HS ST. VINCENT Port Charlotte HS LAKE Palm Beach Lakes HS W AKULLA SOUTH AFRICA East Ridge HS Wakulla HS CITRUS Palm Beach CC SWEDEN Lecanto HS LEE Pope John Paul 11 HS TRINIDADrrOBAGO Bishop Verot HS Royal Palm Beach HS OTHER STATES UKRAINE CLAY Edison CC Santaluces HS CALIFORNIA UNITED KINGDOM Clay HS Evangelical Christian Spanish River HS CONNECTICUT URUGUAY Ridgeview HS Ft Myers HS St Andrews School GEORGIA VENEZUELA COLLIER North Ft Myers HS Suncoast HS IDAHO VIETNAM Gulf Coast HS Riverdale HS Trinity Christian Acad ILLINOIS VIRGIN ISLANDS Lely HS LEON Wellington HS INDIANA WEST BANK/ISRAEL Godby HS William Dwyer HS KANSAS DADE Yeshiva HS MAINE Arch. Coleman/Carroll Leon HS Arch. CurleylNotre Dame Lincoln HS PASCO MARYLAND MASSACHUSETTS Christopher Columbus HS Rickards HS Land 0' Lakes HS MICHIGAN